Opinion
December 19, 1949.
Order dismissing complaint upon the ground that there was another action pending between the same parties for the same cause, reversed upon the law, with $10 costs and disbursements, and the motion denied, with $10 costs, with leave to respondent to answer within twenty days from the entry of the order hereon. In our opinion the previous action in the City Court was terminated upon the order of that court dismissing that action. ( Friedman v. Long Island R.R. Co., 273 App. Div. 786; Brumel v. Hartford Fire Ins. Co., 158 Misc. 311, 316, and cases there cited.) The entry of the order of dismissal upon the minutes of the clerk of the City Court constituted the written order of that court. ( Gerity v. Seeger Guernsey Co., 163 N.Y. 119, 121; Loper v. Wading Riv. Realty Co., 143 App. Div. 167, 169; Howard v. Robinson, 186 App. Div. 530, 532.) Nolan, P.J., Carswell, Johnston, Sneed and MacCrate, JJ., concur.